Jim Strickland is a Vietnam era Army veteran and nationally recognized expert on VA
38 U.S.C. § 1151 is VA's medical malpractice statute, which compensates claimants who suffer "qualifying additional disability"
as a result of surgical, or other medical, treatment administered by VA. Such benefits are to be awarded in the same manner
as if the "additional disability ... were service-connected." See 38 U.S.C. § 1151(a); see also Roberson v. Shinseki, 607 F.3d 809,
813 (Fed. Cir. 2010). The current provisions of 38 U.S.C. § 1151 make clear that compensation may only be awarded for a
"qualifying additional disability" that was proximately caused by carelessness, negligence, lack of proper skill, error in judgment,
or similar instance of fault on the part of VA in furnishing treatment, or by an event not reasonably foreseeable.
Citation Nr: 21051744 DOCKET NO. 12-23 618
Increased Ratings VA's schedular percentage ratings are based on the average impairment of earning capacity as a result
of service-connected disability. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. If two disability evaluations are potentially applicable, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria for that rating; otherwise, the lower
rating will be assigned. 38 C.F.R. § 4.7. All reasonable doubt will be resolved in favor of the claimant. 38 C.F.R. § 4.3.
A Veterans Affairs (VA) disability compensation rating reflects the rated condition in the approximate moment in time when the rating decision was made. Ratings in 10% increments reflect the severity of a disabling condition on an increasing scale from 0% to 100%. There are ratings above and beyond the standard 100% rating and those are reserved for the most acutely injured or ill veterans. It's accepted that over time a given disabling condition may become worse or more disabling and an upward adjustment to the rating should be considered. There are a few common sense steps to performing what is essentially a new application for a benefit...this one being an increase. To be sure you're eligible and can prove your claim, have a look at The Schedule For Rating Disabilities The Schedule is your guide to what you may be eligible for. You may learn that your current rating is already at the maximum or that your current rating is seriously deficient. You have to research it to know. Gather your evidence and records to support the increase. If there are civilian medical records, you have to gather those for yourself. Do not rely on VA to obtain your civilian records. It's time to file the claim.Be as precise as you can to describe just what it is that you want. Provide supporting evidence. I think that it's a good idea to go ahead and have an IMO done . File your Intent To File A Claim form and have an IMO done to provide when you finally get around to filing the claim for an increase. If you take the time to do a thorough job of crossing t's and dotting i's after you've filed your Intent to File form, an increase is a pretty sure thing. You have to go in with all the evidence you need though...do not depend on VA to help! If you're sure, go for it. If you aren't sure, you have some more work to do.
This document will save you a lot of worry!
This is your C & P examiners guide and it's your only chance to know what the examiner knows before you go in the room.
This document is a VA product, still in wide use and if you study it prior to the exam, you'll have the upper hand. Knowing exactly what you should expect is a big advantage.
Do some homework...and good luck.
Detailed Claims Data - Status Reports
Reports contain data covering claims inventory, claims backlog, claims accuracy, and Fully Developed Claims.
Entitlement to a total disability evaluation based on individual unemployability (TDIU) due to service-connected
disabilities on a schedular or extraschedular basis prior to May 6, 2019 is denied.
The Veteran's coronary artery disease is rated at 100 percent on a schedular basis as of May 6, 2019, and the Veteran has already been awarded special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s) from May 6, 2019 forward.
Possible Effects on VA Benefits
From 2005 to 2019, the federal Bankruptcy Code commonly required veterans to relinquish some of their veterans’
benefits to their creditors in order to obtain bankruptcy relief. The Bankruptcy Code thereby treated veterans’ benefits
less favorably than Social Security benefits, which federal law typically insulates from creditors’ claims
Military Suicides Rose 15 Percent Last Year
The upward trend was strongest in the Army and Marine Corps
Welcome to the VAWatchdog...
For many years we're the leader in providing expert resources to help you win the claim for the benefits you earned. We'll guide you as you file a claim and provide you with professional, board certified consultation should you need some help.
If you're a health care or legal professional interested in helping America's veterans with their claims, drop me a note at <firstname.lastname@example.org> and I'll be happy to explain how this works. /s/ Jim
Title 38 - Pensions, Bonuses,
and Veterans' Relief
Title: PART 17 - MEDICAL
Benzene Tetrachloroethylene (PCE or PERC) Acetone Trichloroethylene (TCE) Xylenes
If your application is denied, then you can ask for reconsideration
Not every veteran is automatically entitled to medical care from the VA.
Veterans must meet basic eligibility requirements for enrollment.
American workers are engaged in "the equivalent of a general strike," former Labor Secretary
Robert Reich has argued, following unexpectedly low U.S. employment figures.
Providing Military Veterans Personalized Psychological and Medical Evaluations. Complete the Contact form, and you'll get a personal phone call from us. We listen, and want to know what you are going through. We provide Independent Medical Evaluations (IME), Independent Medical Opinions (IMO) and nexus letters for ratings reviews, secondary conditions, medical conditions, discharge upgrades, and many types of denied claims. We also provide Social Security Disability claim reports.
Some Wounds Can't Be Seen Contact Us Today
The VA will now recognize asthma, rhinitis, and sinusitis as diseases presumed to be
connected to Veterans who served in specific countries at specific times.
Did you see combat, enemy fire, or casualties?
Were you or a buddy wounded, injured or hospitalized?
Do you have a claim pending for illness or injury related to your military service?
Do you have a service-connected condition?
I'm in Florida, up in the NE corner near Jacksonville.
Are you close? The coffee is on me.
Learn what has worked for others and what gets denied or remanded
It's Your VA - Deal With It!
It's a little like wrestling a gorilla. You don't quit when you're tired.
You quit when the gorilla is tired.
the Benefits you've earned.
You may file claims on eBenefits or
you can mail them in using certified mail or you can even fax them in.
V A Claims Intake Center
PO BOX 4444
Toll Free Fax:
Welcome to the KnowVA Knowledge Base
more quickly and efficiently
38 CFR Book C
The Schedule for Rating Disabilities
or Appeal Status
Learn how to track
your status online
855 - 948 - 2311
Yes, this really works. No, it doesn't ring in the White House.
Be sure to include your DOB, your last 4, contact info...a couple of numbers, your preferred email and such.
Describe the problem as briefly as you can. Don't rant.
Tell them you read about this at The VAWatchdog...
Get some hometown help.
Your state provides service officers to help you navigate all your benefits.
Check them out for state tax info, veterans claims, homelessness...and a lot more. Don't get advice from well meaning friends, neighbors or volunteer "VA Reps",
go with the pros.
Most people who receive Social Security payments will be able to view their COLA
notice online through their personal my Social Security account.
VA benefits also increase 5.9%